Wednesday, March 9, 2011

How do I convince my tenant to let me in to do an inspection?

Situation

I believe that there are some maintenance issues at my house and I want to check them out.  How do I convince my tenant to let me in?

Response

How would you like to be notified about an inspection?  That would be the best way to handle your tenant.

Contact the tenant and let them know the reason for the inspection.  Be specific.  Let them know you are worried about their safety and comfort. 

Schedule a time that will work for both of you.  Work with the tenant's schedule and their feelings about being there when you do the inspection. 

Be careful about scheduling a time when a minor is in the home without an adult.  It is never a good idea to enter a home under those circumstances. 

Friday, March 4, 2011

Should I allow a dish to be installed?

Situation

My tenant wants to install a dish on the house for Direct TV.  I think it looks ugly and I fear that it may cuase damage.

Response

Your concerns are legitimate.  The dish is ugly and could cause damage.

But there are ways to guard against these problems if you want to keep the tenant.

Most of the time dish placement is not limited to one location.  Check with the installer to see if the dish can be hidden on the back side of the roof  for example, where it cannot be seen from the street.

Most professional installers are good at protecting the house.  Make sure that only a professional installs the dish and do not let the tenant do it or his friend.

You could also ask the tenant to increase the security deposit and to remove the dish when they move. 

The question is do you want to keep the tenant or go through another vacancy.  A vacancy will cost you more than the repairs for moving the dish.

You should also check with your HOA if you have one to make sure dishes are allowed.

Wednesday, March 2, 2011

Can I raise the rent in the down economy?

Situation

The cost of your rental unit continues to increase due to increases in taxes, maintenance, insurance and just about everything connected to your property.  But with this down economy, can you really raise rents?

Response

There are many factors to consider when you want to increase rents.  While your costs may be rising, your tenant or potential future tenants are also experiencing cost of living increases and that factor must be considered.

The biggest factor is what is happening in your market.  If your current tenant decided to move to a similar unit in a similar neighborhood, what would he have to pay for rent?  You can figure this out by going to some of the internet rental sites that specilize in your type of property and compare. 

If your tenant can rent the same home in a similar neighborhood for a lot less than what you are charging, then your tenant will probably move.  If comparable property rents for a little less, the tenant may or may not stay.  If the rents are higher, he will stay. 

The trick is to balance the rent you are charging with the rents in the area.  If you want to be sure that your tenant stays, keep the rent a little below that of other units on the market.  If you are willing to take a little risk, keep your rents at the same rate as other homes in the area.  If you don't care if you lose the tenant, raise the rents above the market.

Keep in mind that having a vacancy is expensive.  It takes about 2 months to rent a unit after it is ready to rent.  It costs a fair amount of money to fix up a unit after a tenant leaves.  If the tenant has been there for several years, it could cost thousands to paint, install carpet and blinds and replace all of the other things that have worn out over the years.

If you decide not to raise the rents, I would suggest that you advise the tenant that you feel they are great tenants and that you invite them to sign a new 1 year lease at the same rate because they are such good people. 

Another thing to consider is whether you community has any rent control limitations on raising the rent.

Tuesday, March 1, 2011

My tenants want me to spray for bugs.

Situation

The tenant has roaches and wants me to spray for bugs.  I think they are terrible housekeepers and they probably brought in the bugs.

Response

There are requirements that the Landlord must meet in order to comply with the "warranty of habitability"  You can go to this website,

http://www.dca.ca.gov/publications/landlordbook/problems.shtml

to read what the Department of Comsumer Affiars says about this warranty of habitability.

The portion of the warranty that covers bugs is this:

"A dwelling also may be considered uninhabitable (unlivable) if it substantially lacks any of the following:  Clean and sanitary buildings, grounds, and appurtenances (for example, a garden or a detached garage), free from debris, filth, rubbish, garbage, rodents, and vermin."

This warranty also states: 


Tenants must do all of the following
  • Keep the premises "as clean and sanitary as the condition of the premises permits."
  • Dispose of trash and garbage in a clean and sanitary manner.
If you have provided a unit that is clean upon movein and with no bugs apparent you have probablaydone your duty.  If, 6 months later, there are roaches, you may feel that this is a housekeeping responsibility of the tenant and therefore, the responsibility of the tenant to get rid of the bugs.

Keep in mind that roaches can come from many sources including old shopping bags, old boxes, old clothes and from bugs that cling to clothes.  All of these items would have been brought in by a tenant and therefore not a Landlord responsibility.

It is also true that bugs have to have something to eat.  If open food containers and food scraps are left on counters and in cupboards, this is encouraging bugs to stay and grow.  Again, this is under the control of the tenant and therefore a tenant responsibility.

With this in mind, I would suggest that you work with the tenant at least once, to attack this problem from multiple directions.  Require the tenant to make sure the house is clean.  Have them clear out their cupboards and drawers and countertops.  Supply the tenants with "roach bombs".  Require the tenant to follow up the bombs with spraying once a week for a couple of weeks.

If they do all of these things and it doesn't work I suggest that you pay for a professional pest control visit with a promise from the tenant to cooperate and keep the unit extra clean from now on.  See if that works.

A friend of a friend works as a handyman and wants to work on my rental. Is it a good deal?

Situation

A friend of a friend works as a handyman and wants to work on my rental.  Is it a good deal?

Response

If all goes well and this friend does a great job for a cheap price, you win.

What happens if things don't go so well?  What if things work out badly?  What if they go horribly wrong?

How big of a risk are you willing to take? 

Some terrible things that could happen are:

1.  The repair is done poorly and needs to be redone.
2.  The "repair" is defective and causes damage to your property.  For instance, the leaking pipe stays repaired for 2 days.  The tenant leaves for the weekend.  The pipe leaks again and $10,000 in damage is done to the house and $2,000 to the tenants furniture.
3.  The workman is rude to your tenant and threatens them.  You lose a tenant.
4.  The workman hires someone as a helper and the helper gets injured and sues you for damages.
5.  You pay for parts up front and the guy takes off with your money
6.  The workman steals from your tenant and the tenant sues you for damages
7.  The workman damages something while making the repair and then charges you to fix that too.
8.  The workman is injured on the job and is disabled for life.  He sues you for damages.
9.  The workman claims that you paid him "under the table" when you should have paid him and witheld taxes.  Now the Federal Government is after you for not complying with tax law.

This is not an exhaustive list but represents some of the things that could happen. Are you prepared to deal with these?  Are you covered by insurance if they do happen? 

I have seen all of these things happen to people who use "cheap labor".  How high is your risk tolerance?

Monday, February 28, 2011

What is an emergency that needs to be addressed right away?

Situation

How do I know if a repair needs to be done now or if it can wait?

Response

There are certain habitability issues that a Landlord is required to take care of right away.  They include:

1.  Water service
2.  Electrical service
3.  Toilets that function
4.  Doors that are secure
5.  Windows that are secure
6.  Heater that functions when temperatures get cold (open for interpretation)
7.  AC that functions when temperatures get hot (open for interpretation)
8.  Roof that is water tight

The law generally states that if one of these things is not being supplied by the Landlord that they need to rememdy the problem within a "reasonable amount of time".  Reasonable is the word that causes the problem.  What might be reasonable for the Landlord is not reasonable for the tenant.

My general advice is that numbers 1-7 should be done within a couple of hours of notification by the tenant.  If they can't be repaired in that time (need to get parts) then within 24 hours for sure.

It's important to keep the tenant on your side.  I suggest that you communicate with tenant about what you are doing and why it might take longer than you would like.  Most tenants are understanding. 

If you can't make the repair right away, offer something to make them feel good.  Ask them what they think would be fair.  Most tenants will ask for something reasonable.  Give it to them if it is reasonable.  Maybe you can supply them with a portable heater or a fan.  Maybe you need to put them up in a hotel room for a night. 

If you work together with the tenant you will save money in the long run.

How quickly do I have to act on an "emergency" plumbing issue?

Situation

It's Sunday at 10:00pm.  The tenant calls up with a plumbing leak in the kitchen.  Do I have to call a plumber and get it done right now?

Response

Why is it that these kind of calls always seem to come at the worst times?

The answer is "It depends".

It's important to contact the tenant for more information.  How much water is leaking?  Where is it coming from?  Is it the water feed line or is it the sink drain?  The more you know about the problem the better the decision you can make.

You want to protect your investment, maintain a good relationship with the tenant and protect the tenants belongings. 

You might be able to talk the tenant through the process of turning off the water under the sink.  You might be able to advise them to not use the sink for the evening.  Adjust to the situation and see if you can temporarily fix the situation for the night.

If you can, make sure you follow up with a permanent repair in the morning.

Do I have to put screens on all of the windows?

Situation

My tenant has requested that I install screens on all of the windows of my house.  Do I have to do this?

Response

It is required that you have at least 1 window with a screen on it in each room of the house.  I believe this is to allow a tenant to open a window in each room and not risk bugs or a child falling from the unscreened window.

If you have screens on the windows but they are torn or badly worn so they do not protect against bugs or children, I suggest repairing them or replacing them.  It's not that expensive.

Wednesday, February 23, 2011

My Tenant can't pay all of the rent. Should I accept a partial payment?

Situation
My tenant has approached me with half of the rent payment and wants to make an arrangement to catch up.  Should I accept the partial payment?

Response

It's great when a tenant communicates, even if it isn't the greatest news! 

We all know that the economy is a challenge.  Many tenants are still losing jobs and hours are being cut back for others.  If you haven't experienced a problem up to now, you are very lucky.

The important thing to do is to keep open lines of communication.  The more you communicate the better the decisions you can make.

I would accept their partial payment and work out a payment plan with them.  Ask them when they will make the next payment and how much the payment will be.  It is important to be specific on both of these points so it is easier to follow up with them.  Be sure to write down and give them a copy of the payment arrangement.

Each time you accept a partial payment, serve them with a new 3-Day Notice to Pay Rent or Quit.  This reminds them that you can still take action for non-payment and it speeds up the eviction process if it becomes necessary.  Advise the tenant that you will not act on the Notice unless the next payment is missed or they have not contacted you.

If they contact you when they are late on one of the payments be glad that they are communicating.  Set up a new payment arrangement.  It is important to collect some money at each payment date.

Don't let this continue indefinitely.  At some point you should realize that they are in a home that is too expensive for them.  You may suggest that they move to a less expensive unit.  Be willing to let them out of their lease.  Remember that it is cheaper to let them out of the lease than it is to evict them.

Shoud I accept a tenant with a pet?

Situation

You own a home and you want to rent it out.  You have heard horror stories about pets.  Should you allow pets in your rental?

Response

There are a lot of horror stories out there about tenants who have pets and have destroyed their rental unit.  There are also a lot of great pet owners who are tenants who take better care of their unit than families with kids!

The trick is to find the great pet owners and only rent to them.  Here are some suggestions on how to find the really good pet owners.

1.  In your advertisements state that the acceptance of pets is negotiable

2.  Require a picture of the pet.  Suggest that they take an electronic picture and email it to you.

3.  Require pictures of their current residence where the have the pet.  Make sure you can see an up close view of doors, screens, doorways and furniture.

4.  Require copies of security deposit disbursements that detail any charges for pets

5.  Request that the tenant get Tenant Insurance that covers pet damage and have you named as a beneficiary of the policy

6.  Have a written policy of which dogs you will not accept.  Disallowed pets could include:
             a.  Dogs over 30 pounds
             b.  Bulldogs, Great Danes, Labrador Retrievers, Collies, etc

7.  Prepare a Pet Agreement that includes details about the dog and these requirements

8.  Charge a $100 administration fee up front, non-refundable, to gather and review all of these items.


I would suggest that you increase the security deposit for each pet in the amount of $200 - $300 per pet.

This does not guarantee that you will not suffer damages from a pet but there are few guarantees in life.  These guidelines will go a long way to insuring that you have a great tenant who has a great pet in your rental property.

Tuesday, February 22, 2011

What kind of insurance should I have on my rental house?

Situation

I am not able to sell my house so I have turned it into a rental.  What kind of insurance do I need?

Response

When you were living in your home you had Home Owner's Insurance.  This covered you for liability issues like personal injury to guests, the physical replacement or repair of your home and it covered your possessions.

Now that you are not living in this home you should still carry liability and repair or replacement coverage but you do not need to cover your physical possessions.  You do not need to cover the physical possessions of your tenant either.  Their possessions are their responsibility.

You should talk to your insurance agent about a Landlord Policy.  It is usually cheaper than a Homeowners policy.  I would recommend that you get at least $500,000 in coverage and maybe even an umbrella policy for all of your real estate that is for up to $5M.  It is not very expensive and gives you a broad range of coverage.

It might even be possible to extend coverage from your current residence to your rental property in an umbrella policy and not have to purchase a separate policy for your rental property.

Shop around.  There are a lot of programs out there.

Friday, January 21, 2011

My tenant is late paying the rent.

Situation

It's the 6th of the month and I still don't have my rent.  The tenant says they are going to pay soon. 

Response

I am guessing that the rent was due on the 1st of the month.  Your rental agreement probably has a clause for a penalty if the rent is paid late.  If not, you need to start using new rental agreements. 

Before taking more drastic steps you can call the tenant and see why they are late.  If this is there first time being late, you might decide to give them a break.  Make sure that if you make an arrangement with them that you pin them down to a specific date and amount of payment.  Follow up your conversation with an email to them confirming the agreement. 

If they aren't available or they don't return your calls, it's time to take the next step.

The next step that you should take is to serve a 3 Day Notice to Quit or Pay Rent.  This notice should include their name and address.  It should then explain that they are late with the rent and that the amount due is the contract rent plus the late fee.  It will then advise them that if payment is not received within 3 days of service of the notice, you will take legal action to regain possession of the property.

You should then go personally to the tenant and hand them the notice.  If they are not present, you can tape the notice to the door and then mail them a copy of the notice via regular mail service (not registered).

If the rent is not paid within the 3 days it's time to contact an eviction service to start the evicition or do it yourself if you have experience with that.

You can always negotiate with the tenant.  But be careful.  Promises do not pay your bills.  Many tenants who are late paying rent have a million excuses and they can delay an eviction for months if you are not careful.